Consultation outcome

Fixed recoverable costs for clinical negligence claims

This consultation has concluded

Download the full outcome

Detail of outcome

The summary response document sets out a summary of the views provided in response to the consultation paper. It covers:

  • the background to the consultation
  • a summary of the responses to the consultation
  • a detailed response to the specific questions raised in the consultation
  • the next steps following this consultation

The additional report by Professor Fenn is a cost analysis of fixed costs for clinical negligence claims.

Original consultation


Seeks views on proposal for a mandatory system of fixed recoverable costs for lower value clinical negligence claims in England and Wales.

This consultation ran from

Consultation description

Updated 25 July 2017

Following the formation of a new government on 9 June 2017, decisions on the development of this policy have not yet been finalised. We will publish the results in due course.

The proposed fixed recoverable costs scheme aims to improve the efficiency and cost-effectiveness of clinical negligence claims by supporting:

  • quicker and more cost effective resolution for all parties
  • greater opportunities for early learning of lessons from harmful incidents to inform safer clinical practice
  • access to justice for those claimants bringing clinical negligence claims of a low monetary value, but complex nature
  • patients’ access to justice by streamlining the system and incentivising earlier resolution of such claims


Published 30 January 2017
Last updated 15 February 2018 + show all updates
  1. The consultation response and cost analysis report have been added to the page.
  2. First published.